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020 915 553 9 



D 592 'tt 

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ONGRESS, ) SENATE. j Document 

'■^s/'on. f • 1 No. 176. 



LUSITANIA claims: 

MESSAGE 

FKOM THE 

PRESIDENT OF THE UNITED STATES, 

TRAXIIITTIXG, 

IN RESPONSE TO SENATE RE SOLUTION OF AUGUST 16, 1931, REPORT 
OF THE SECRETARY OF STATE CONCERNING AMERICAN PAS- 
SENGERS ON THE LUSITANIA WHEN SUNK AND CLAIMS FILED 
WITH THE DEPARTMENT OF STATE BY AMERICAN CITIZENS AS 
A RESULT OF THE LOSS OF THE LUSITANIA. 



April 3, 1922.- -Read; ordered to lie on the table and to be printed. 

To iJie Senate: 

I transmit herewith a report from the Secretary of »State in response 
to the resolution adopted by the Senate on August 16, 1921, concern- 
ing American passengers aboard the steamship Lusitania at the time 
of its sinking and concerning claims against Germany filed with the 
Department of State by American citizens as a result of the loss of 
the Lusitania. 

Warren G. Harding. 

The White House, April 3, 1922. 



The Pre,sident : 

The undersigned, the Secretary of State, has the honor to report as 
follows in response to the resolution adopted by the Senate on August 
Hi, 1921, requesting information concerning American passengers 
aboard the steamship Lunitania at the time of its sinking and con- 
ccrnino; claims against Germany filed with the department as a result 
of the loss of the Luf<itania. 

The resolution mentioned is cjuoted below: 

Hcsolred, That the Secretary of State, if not incompatible with the public interest, 
be, and he is hereby, requested to ftu'nish to the Senate; 

(A) A full and complete list of the names and last place of residence of each and 
every .Vmerican man, woman, and child aboard the Lusitania at the time of its siukiuK, 
whether lost, killed, or survivor. 



Z LUStTANIA CLAIMS. 

(B) A full and complete list of all the claims, g■i^dllg the character and amount 
thereof, which have been filed with the State Department in connection with the 
sinking of the Lusitania. 

(0) A report as to what steps, if any, have been taken for the adjustment of such 
claims. 

(D) A full report of all correspondence had between the State Department and the 
German authorities bearing u|)on this subject. 

Response to these several requests will be made in the order in 
which the}'' are stated in the resolution. 

(a) AMERICANS ABOARD "lUSITAXIA." 

There were 197 American citizens aboard the Lusitania on its last 
voyage, of which number 69 were saved and 12S lost. Americans on 
board the vessel, according to the sworn statement of the Cunard 
Steamship Co. (Ltd.), owners of the Lusitania, by cabins, were as 
follows : 



Name. 



Point of origin . 



Saved or lost. 



SALOON PASSENGERS. 



.\d.'ims, Artliur H 

Adams, William McM 

Allen, Dorothy (nurse) 

Alles, Nicholas 

Baker, Miss Millie A 

Baldwin, Harry B 

Baldwin, Mrs. 

Bates, Linden W., jr 

Bernard, Clinton 

Bilicke, Albert C 

Bilieke, Mrs 

Bloomfield, Thomas 

Brandeil, Miss .Tosepliine 

Brodrick, Carlton. J 

Brooks, James H 

Brown. Mrs. Marv C 

Brown', Wm. H. H 

Byington. Albert .J 

Byrne, Michael G 

Cloete, W. Brodriok 

Conner, Miss Dorothy 

Criehton, Mrs. William 

Fisher, Dr. Howard 

Forman, Justin Miles 

Freeman, Richard A., jr 

Friend, Edwin \\ 

Frohman. Charles 

Gaiintlett, Fred J 

Grab, Oscar F 

Hammond, Ogden H 

Hammond, Mrs. O. H 

Hardwick, Charles C 

Hams, Dwight C 

Hickson, Miss ICatharyn 

Hill, Charles Tilden 

Hodges, William S 

Hodges, Mrs 

Hodges, Master W. S. (.S years) 

Hodges, Master Dean W". (5 years). 

Hopkins, Albert L 

Houghton, Dr. James T 

Hubbard, Elbert 

Hubbard, Mrs. Elbert 

Jefferv, Charles T 

Kellett, Francis C 

Kenan, Dr. Owen 

Kennedy, Mrs. C. Hickson 

Keser, Harry J 

Keser, Mrs. Harry J 

Kessler, George A 

King, Thomas B 

Iviiigbt, C. Harwood 

Knight, Miss Elaine H 

Knox, Samuel M 

Lauriat, Chas. E., jr 



London, England 

do 

Philadelphia, Pa 

New York City 

do : 

do 

do 

do 

do 

Los Angeles, Calif 

do 

New York City 

do : 

Boston, Mass 

Bridgeport, Conn 

New York City 

BulIalo,N. y: 

London, England 

New York City 

San Antonio, Tex 

New York City 

do 

Wa.shingtoii, D. C 

New York City 

Boston. Mass 

Farmington, Conn 

New York City 

-...do ". 

...-do 

--..do 

...-do 

...-do 

...-do 

.--.do 

London, England 

Pliiladelphia, Pa 

do 

---.do 

....do 

New Y'ork Citj' 

Saratoga Springs, N. Y. 

East Aurora, N. Y 

..--do 

Cliicago, 111 

Tiickahoe, N. Y' 

New YorkCitv 

.---do : 

Philadelphia, Pa 

do 

New Y'ork Citj' 

do 

Baltimore, Md 

--.-do 

Philadelphia, Pa 

Boston, -Mass 



LianARY-.Cf CONQKE88 

APRl»1d2g 






LUSITANIA CLAIMS. 



Name. 



Point of origin. 



Saved or lost. 



SALOON P.\.SSENGERS— continued. 



Leary. .Tames 

Lehmann. Isaac 

Loney, AUen (Allan) D 

Loney, Mrs 

Lonev, Miss Virginia 

Luck". .Mrs. A. C 

Luck, Master Eldridge (9 years) — 
Luck, Master Kenneth (7 years) — 

Macdoiia, Mrs. Henry D 

Medbury, Maurice B 

Miller, C'apt. James B 

Mills, Chas. V 

Myers, Herman A 

Myers, Joseph L 

Page. John Harvey 

Pearl. Major Frank Warren 

Pearl, Mrs 

Pearl, Audrey (infant) 

Pearl, Miss Amy W. W. (2J years). 
Pearl, Miss Susan W. (U years) — 
Pearl, Master Stuart D. (5 years)... 

Pear.son, Dr. Fred S 

PliiUips. Wallace B 

Plamondon, Charles A 

Flamondon, Mrs 

Pope, Miss Theodate 

Rankin. Robert 

Robinson, Chas. E 

Robinson, Mrs 

Schwabacher, Leo M 

Schwarcz, Ma.x M 

Shields, Victor E 

Shields, Mrs 

Shymer, Mrs. R. D 

Silva. Thos. J 

Slidell. Thos 

.'imith, Mrs. .lessie Taft 

Sonneborn, Henry B-. 

.Stone, Herbert S." 

Tessou, Frank B 

Tesson. Mrs 

Thompson. E. Bliss 

Thompson, Mrs 

Trumbull, Isaac B 

Turner, Scott 

Vandcrbilt. .\Ifred G 

Willev, Mrs. Catherine E 

Williamson, Chas. F 

Withcrbce, Master A. S. (4 years) . . 

Witherbee, Mrs. A. S 

Witheringlon, Lothrop 

H'right, Robert C 



New YorkCilv 

do ." 

do 

do 

do 

Worcester, Mass 

do 

do 

New York City 

do 

Wasliiugton, D. C. 

New York City 

do 

do 

do 

do 

do 

do 

do 

do 

do 

do 

do 

Chicago, 111 

do 

Farmington, Conn. 

New York City. . .. 

Philadelphia, Pa... 
do 

Baltimore, Md 

New York City 

Cincinnati, Ohio. . . 
do 

New York City 

Temple, Tex 

New York City 

Braccville, Ohio 

Baltimore, Md 

New York City. . .. 

Philadelphia. Pa... 
do 

Seymour, Ind 

do 

Bridgeport, Conn. . 

Lansing, Mich 

New York Cilv. . .. 

Lake Forest, I'll 

New York Citv. . .. 

do : 

New York City. . .. 

Boston, Mass 

Cleveland, (>hio 



SECOND CABIN PASSENGERS 

Bancmfl, Wm. B 

Barker, Mrs. Martha 

Barker. Miss Winifred 

Beattie, Rev. James A 

Beattie, Mrs. Margaret 

Brctherton, Mrs. Noah E 

Bretherton, EUzabeth (infant) 

Bret herton, Master Paul (3 years) . . 

Callan , Patrick 

Canrtlish, Arthur 

Candli.sh, Mrs. Elen 

Callierwood, J ohn 

Cathcrwood. Mrs. Maria 

Ciill)crt . WilUam 

Colbert. Mrs. Helena 

Collis, EdWLU 

Condon, .Mrs. Delia (Miss) 

Davis, Miss Annie 

DcKherty, Mrs. Mabel 

Docherty, WiUiam (infant) 

Dvcr. Robert 

Elvart. Robert J 

Ferguson, Joint 

Foley, Arthur R 

Foss, Carl E 

Friedman. Samuel 

tiarry, Christ 



New York Citv. . .. 

Trenton, N. j". 

do 

New York City. . ., 
do 

Los .\ngeles, CaUf . 

do 

do 

Chicago, 111 

Pawtucket, R.I... 
do 

Philadelphia, Pa. . 
do 

New York City... 
do 

Riverside, 111 

New York City. . .. 

Weliand, Ontario.. 

New York City. . . 
do 

Pittsburgh, Pa 

Brooklyn. N. Y.... 

New York City 

Trenton, N. J ! 

New York Citv. . ., 

Brooklyn. N. V.... 

Cleveland, Ohio — 



Lost. 
Saved. " "'' 
Lost. 

Do. 
Saved. 

Do. 
Lost. 
Saved. -.^ 
Lost. 

Do. 
Saved. .^ 
Lost. 

Do. 
Lost. 

Do. 
Saved, a** 
Lost. 

Do. 
Saved. 

Do...> 

Do. ■. 

Do. , 
Lost. 

Do. 
Saved^** 
Lost. 

Do. 



lus:taxia claims. 



Name. 



Point of orifjin. 



Saved or lost- 



SECOND CABIN PASSENGERS— Continued. 



Gilseman, Hugh 

Gray. Mrs. Terrance 

Grav, Master Stewart (4 years). 

Holland. Mrs. Niua ' 

Hume, Mrs. Mary A 

.Iiidsoii. Frederick S 

Kelly. Miss Margaret S 

Level ieh. Mrs. Ro^ina T. 

Leverieh, Miss Rosina P 

Lund, Charles 

Lund, Mrs. Sarah 

MaeFarquhar, Mrs. Jane Ann.. 
MacFarquhar, Miss Grace M . . . 

McGovern. Miss Mazie 

Me Hardy, Mrs. Annie 

MeKenzIe, Mrs. Mary A 

Melvetehan. Mrs. R.'Elizabeth. 
Mclvelchan, Campbell (infant). 

McKetchan, Master James 

MeParthin, Myles 

Milford. Frederick J 

MitchelK Arthur Jackson 

Mnore, Dr. Daniel V 

Monnsey, William 

Miurav." Mrs. C. Rose 

Xai-h, Thei:; 

Xaish. Mrs. Belle Saunders 

O'Doiniel, Patrick 

Sail , Henry J 

Sanioilescu, David 

Shineman, James 

Shinemau, Mrs. Margaret 

Slattery, Patrick J 

Stevens, Charles H 

Sweeny, John Martin 

Taylor, Mrs. Annie 

Taylor, Stanley R 

Vance, John 

Ward, Michael 

AVolfenden, John C 

Wolfeiideu, Mrs 

Worden, Mrs. Charles 



THIRD CLASS PASSENGERS. 



Cooper, Joseph E. (infant) 

Coughlan, Master John 

Coughlan, Margaret (2 years). 
Coughlan, Bernard (infant)... 

Driscoil, Timothy 

Ferguson, Mrs. Mary 

Ferguson, Edward (infant)... 

Frankum, Master Fred 

Frankiun. Winifred (uifant).. 

Gibbons, Michael 

Goodall, Jack (infant) 

Groves, George 

Harvey, William 

Hnrley, Charles E 

.Tones, Evan 

Lambert, Master Robert 

Lockwood, Miss Lily 

Logan, Robert (infant) 

Stephens, Thomas Chan 

Williams, David (infant) 



Long Island City 

Los Angeles, Calif. . . 

do 

New York City 

Harrison. N. J 

New York City 

PiUsburgh. Pa 

New York City 

do 

do 

do 

Stratford, Conn 

do 

Bloomfield, N. J.... 

New York City 

New Bedford, Mass. 

Gillespie, HI 

do 

do 

New York City 

Hancock, Md 

Toronto, Canada 

New York City 

do 

do 

Kansas City, Mo 

do 

Hoboken, N. J 

Boston, Mass 

New York City 

.....do 

do 

do 

Atlantic City 

Watertown, Mass. . . 

Boston, Mass 

do 

New York City 

Pittsburgh, Pa 

Pawtueket, R. I 

do 

Lowell, Mass 



New Bedford, Mass. 

Butte, Mont 

....do 

do 

Boston, Mass 

Newark, N.J 

....do 

Detroit, Mich 

....do 

Chicago, III 

Kearney, N.J 

New York City 

..do 

Boston, Mass 

Chicago, HI 

New York City 

Harrison, N.J 

New York City 

Chicago, 111 

Newark, N. J 



Lost. 

Do. 

Do. 
Saved. 
Lost. 
Saved. 
Lost. 

Do. 

Do. 

Do. 
Saved. 

Do. 

Do. 
Lost. 

Do. 

Do. 
Saved. 
Lost. 

Do. 

Do. 
Saved. 

Do. 

Do. 
Lost. 
Saved. 
Lost. 
Saved. 

Do. 
Lost. 

Do. 

Do. 

Do. 
Saved. 
Lost. 
Saved. 
Lost. 
Saved. 
Lost. 

Do. 

Do- 
Saved. 
Lost. 



Lost. 

Saved. 

Lost. 

Saved. 

Lost, 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 
Saved. 
Lost. 



(B) CHARACTER AND AMOUNT OF CLAIMS. 



Character. 



Number. 



Amount. 



Loss of life , 

Personal injuries 

Cargo losses 

Loss of personal effects 

Total 




514,215,117 

967,812 

34,064 

277,215 



15,494,208 



LUSITANIA CLAIMS. 5 

(c) AND (d) steps taken TO ADJUST CLAIMS — CORRESPONDENCE. 

The benefits of various provisions relating to the adjustment of 
claims against Germany as contained in the treaty of Versailles and 
the joint resolution of Congress of July 2, 1921, are made available to 
the United States in the treaty to restore friendly relations existing 
between the two nations prior to the outbreak of the war, signed at 
Berlin on August 21, 1921, by the representatives of the Governments 
of the United States and Germany. 

The adjustment of claims growing out of the sinking of the Lusitania 
is at present the subject of diplomatic negotiations between the 
Government of the United States and the Government of Germany. 

JThe sinking of the steamship Lusitania was the subject of an 
exchange of several communications between the Government of the 
United States and the Government of Germany, and copies of cori'e- 
spondence regarding the matter are inclosed herewith. It seems 
unnecessary to comment on this correspondence, which has largely 
been made publicj 

In conclusion, reference is made to the report submitted by the 
President to the Senate on March 3, 1921, in response to Senate 
resolution of December 30, 1920, reqyj^ting information regarding 
claims against the German Government filed with the Department of 
State. This report has been published as Senate Document No. 419, 
Sixty-sixth Congress, third session. 

Respectfully submitted. 

Charles E. Hughes. 

Department of State, 

Washingtni). March 31. 1922. 



ExinBiT No. I. 

German Foreign Office (throiigJi German Amiassador at Washington) 
to the Departmeni of State. 

[Telegram.] 

Berlin, May 10, 1915. 
The German Government wishes to express its deepest sympathy 
at the loss of American lives on board the steamship Lii.'^itariia. The 
responsibility rests, however, entirely with the British Government, 
which, through its plan of starving the civilian population of Germany, 
has forced Germany to resort to retaliatory measures, and by even 
more stringent blockade measures disregarded German offer to stop 
the submarine war in case starvation plan was given up. British 
merchant vessels being generally armed with guns, and having 
repeatetUy tried to ram German submarines so that a previous search 
was impossible, they can not be treated as ordinary merchant ves- 
sels. A recent declaration made to thi? British Parliament by the 
Sarliamentary secretary in answer to a question by Lord Charles 
eresford stated that at the present policy practically all British 
merchant vessels were armed and provided with hand grenades. 
Besides it has been openly admitted by the English press that the 
Lusitania was armed. 



6 lus;taxia ci,aims. 

The German Government knows that the Lusitania on previous 
voyages repeatedly carried large quantities of war materials. On the 
present voyage Lusitania carried 5,400 cases of ammunition, while the 
rest of the cargo also consisted cliieli.y of contraband. 

If England, after repeated official and unofficial German warn- 
ings, considered herself able to declare that that boat ran no risk 
and thus lightheartedly assumed responsibility for the human lives 
on board of a steamer which owing to its armament and cargo was 
liable to destruction, the German Government, in spite of its heartfelt 
sympath}' for the loss of American lives, can not but regret that 
Americans felt more inclined to trust English promises rather than 
to pay attention to the warnings from the German side. 



Exhibit No. 2. 

, The Sfcrelanj of Shite to the American Amhassador at Berlin. 

No. 1664.] Department of State, 

Washington, May 13, 1915. 

Please call on the Minister of Foreign Affairs and after reading to 
him this communication leave with him a copy. 

In view of recent acts of the German authorities in violation of 
American rights on the high seas which culminated in the torpedoing 
and sinking of the British steamship Lumtania on May 7, 191.5, by 
which over 100 American citizens lost their lives, it is clearly wise and 
desirable that the Government of the United States and the Imperial 
German Government should come to a clear and full imderstanding 
as to the grave situation which has resulted. 

The sinking of the British passenger steamer Falaha by a German 
submarine on March 28, through Mdiich Leon C. Thrasher, an American 
citizen, was drowned: the attack on April 28 on the American vessel 
Gushing by a German aeroplane; the toi-pedoing on May 1 of the 
American vessel GuJfli.ght by a German submarme, as a result of which 
two or more American citizens met their death; and, finally, the tor- 
pedoing and sinking of the steamship Lusitania, constitute a series 
of events which the Government of the United States has observed 
with growing concern, distress, and amazement. 

Recalling the humane and enlightened attitude hitherto assumed 
by the Imperial German Government in matters of international 
right, and particularly with regard to the freedom of the seas; having 
learned to i-ecognize the German views and the German influence in 
the field of international obligation as always engaged upon the side 
of justice and humanity; and having understood the instructions of 
the Imperial German Government to its naval commanders to be 
upon the same plane of humane action prescribed by the naval codes 
of other nations, the Government of the United States was loath to 
believe — it can not now bring itself to believe — that these acts, so 
absolutely contrary to the rules, the practices, and the spirit of modern 
warfare, could have the countenance or sanction of that great Gov- 
ernment. It feels it to be its duty, therefore, to addreiss the Imperial 
German Government concerning them with the utmost frankness and 
in the earnest hope that it is not mistaken in expecting action on the 
part of the Imperial German Government which will correct the un- 



LUSITAXIA CLAIMS. 7 

fortunate impressions which have been created and vindicate once 
more tlie position of tiiat Government with regard to the sacred 
freedom of tlie seas. 

The Government of the United States has been apprised tlrat the 
Imperial German Government considered themselves to be obliged 
by the extraordinary circumstances of the present war and the 
measures adopted by their adversaries in seeiving to cut Germany 
oft' from all commerce, to adopt methods of retaliation which go tauch 
beyond the ordinary methods of warfare at sea, in the proclamation 
of a war zone from which they have warned neutral ships to keep 
away. This Government has already taken occasion to inform the 
Imperial German Government that it can not admit the adoption of 
such measures or such a warning of danger to operate as in any 
degree an abbreviation of the rights of American shipmasters or of 
American citizens bound on lawi'ul errands as passengers on merchant 
ships of belligerent nationality; and that it must hold the Imperial 
German Government to a strict accountability for any infringement 
of those rights, intentional or incidental. It does not understand the 
Imperial German Government to question those rights. It assumes, 
on the contrary, that the Imperial Government accept, as of course, 
the rule that the lives of noncombatants, whether they be of neutral 
citizenship or citizens of one of the nations at war, can not lawi^uUy 
or rightfully be put in jeopardy by the capture or destruction of an 
Unarmed merchantman, and recognize also, as all other nations do, 
the obligation to take the usual precaution of visit and search to 
ascertain whether a suspected merchantman is in fact of belligerent 
nationality or is in fact carrying contraband of war under a neutral 
flag. 

The Government of the United States, therefore, desires to call the 
attention of the Imperial German Government with the utmost 
earnestness to the fact that the objection to their present method of ■ 
attack against tlie trade of their enemies lies in the practical impos- 
sibility of employing submarines in the destruction of commerce 
without disregarding those rules of fairness, reason, justice, and 
humanity, which all modern opinion regards as imperative. It is 
practicalh' impossible for the officers of a .submarine to visit a mer- 
chantman at sea and examine her papers and cargo. It is practically 
impossible for them to make a prize of her; and, if they can not put 
a prize crew on board of her, they can not sink her v.'ithout leaving 
her crew and all on board of her to the mercy of the sea in her small 
boats. These facts it is understood the Imperial German Govern- 
ment frankly admit. We are informed that in the instances of which 
we have spoken time enough for even that poor measure of safety was 
not given, and in at least two of the cases cited not so much as a 
warning was received. Manifestly submarines can not be used 
against merchantmen, as the last few weeks have showm, w^ithout an 
inevitable violation of many sacred principles of justice and humanity. 
"^"'American citizens act within their indisputable rights in taking 
their ships and in traveling wherever their legitimate business calls 
them upon the high seas, and exercise those rigjits in what should be 
the well-justified confidence that their lives will not be endangered 
by acts done in clear violation of universally acknowledged inter- 
national obligations, and certainly in the confidence that their own 
Government will sustain them in the exercise of their rights. 



8 LUSiTAXIA TLAIMS. 

There was recently published in tiie newspapers of the I'nitefl 
States, I regret to inform the Imperial German Government, a formal 
warning, purporting to come from the Imperial German Embassy at 
Washington, addressed to the people of the United States, and stating 
in effect that any citizen of the United States who exercised his right 
of free travel upon the seas would do so at his peril if his journey 
should take him within the zone of waters within which the Imperial 
German Navy was using submarines against the commerce of Great 
Britain and Frsince, notwithstanding the respectful but earnest 
protest of his Government, the Government of the I'nited >States. 
I do not refer to this for the purpose of calling the attention of the 
Imperial German Government at this time to the surprising irregu- 
larity of a communication from the Imperial German Embassy at 
Washington addi-essed to the people of the United States through 
the newspapers, but only for the purpose of pointing out that no 
warning that an unlawful and inhumane act will be committed can 
possibly be accepted as an excuse or palliation for that act or as an 
abatement of the responsibility for its commission. 

Long acquainted as this Government has been with the character 
of the Imperial German Government and with the high principles 
of equity by which they have in the past been actuated and guided, 
the Government of the United States can not believe that the com- 
manders of the vessels which committed these acts of lawlessness 
did so except under a misapprehension of the orders issued by the 
Imperial German naval authorities. It takes it for granted that, at 
least within the practical possibilities of every such case, the com- 
manders even of submarines were expected to do nothing that would 
involve the lives of noncombatants or the safety of neutral ships, 
even at the cost of failing of their object of capture or destruction. 
It confidently expects, therefore, that the Imperial German Govern- 
ment will disavow the acts of which the Government of the United 
States complains, that they will make reparation so far as reparation 
is possible for injuries which are without measure, and that they will 
take immediate steps to prevent the recurrence of anything so 
obviously subversive of the principles of warfare for which the 
Imperial German Government have in the past so wisely and so 
firpily contended. 

The Government and people of the United States look to the Impe- 
rial German Government for just, prompt, and enlightened action in 
this vital matter with the greater confidence because the United 
States and Germany are bound together not only by special ties of 
friendship but also by the explicit stipulations of the treaty of 1828 
between the United States and the Kingdom of Prussia^,^ 

Expressions of regret and offers of reparation in case of the destruc- 
tion of neutral ships sunk by mistake, while they may satisfy inter- 
national obligations, if no loss of life results, can not justify or excuse 
a practice, the natural and necessary effect of which is to subject 
neutral nations and neutral persons to new and immeasurable risks. 

The Imperial German Government will not expect the Government 
of the United vStates to omit any word or any act necessary to the 
performance of its sacred duty of maintaining the rights of the United 
States and its citizens and of safeguarding their free exercise and 
enjoyment. 

Bryan. 



LUSITAXIA CLAIMS. 9 

ExmBiT No. 3. 

The German Minintcr for Foreign Affairs to (he American Ambassador 

at Berlin. 

[Telograra.] 

Xu. 2326.] 

Berlin, May 2S, 1915. 

The undersigiit'il lias the honor to make the following reply to the 
note of His Excelleney, Mr. James W. Gerartl, ambassador of the 
United States of America, dated the 15th instant, on the subject of 
the impairment of many American interests by the Gei-man sub- 
marine war. 

The Imperial Government has subjected the statements of the 
Government of the United States to a careful examination and has 
the lively wish on its part also to contribute in a convincing and 
friendly manner to clear up any misunderstandings which may have 
entered into the relations of the two Governments through the 
events mentioned by the American Government. 

With regard, firstly, to the cases of the American steamers Cushiug 
and Gulflight. the American Embassy has already been informed that 
it is far from the German Government to have any intention of 
ordering attacks by submarines or flyers on neutral vessels in the 
zone which have not been guilty of any hostile act; on the contrary 
the most explicit instructions have been repeatedly given the German 
armed forces to avoid attacking such vessels. If neutral vessels 
, have come to grief through the German submarine war during the 
past few montiis by mistake, it is a question of isolated and ex- 
ceptional cases which are traceable to the misuse of flags by the 
British Government in connection with carelessness or sut^picious 
actions on the part of the captains of the vessels. In all cases where 
a neutral vessel through no fault of its own has come to grief through 
the German submarine or flyers according to the facts as ascertained 
by the German Government, this Government has expressed its 
regret at the unfortunate occurrence and promised indemnification 
where the facts justified it. The German Government will treat the 
cases of the American steamers CusJiing and Gulflujlit according to 
the' same principles. An investigation of these cases is in progress. 
Its results will be communicated to the embassy shortly. The 
investigation might, if thought desirable, be supplemented by an 
international comijiission of inc|uiry, pursuant to Title III of The 
Hague Convention of October 18, 1907, for the pacific settlement of 
international disputes. 

In the case of the sinking of the English steamer Falaha, the com- 
mander of the Gennan submarine had the intention of allowing pas- 
sengers and crew ample opportunity to save themselves. 

It was not until the captain disregarded the order to lay to and 
took to flight, senchng up rocket signals for help, that the German 
commander orilered the crew and passengers by signals and mega- 
phone to leave the ship within 10 minutes. As a matter of fact he 
allowed them 23 minutes and did not fire the torpedo until suspicious 
steamers were hurrying to the aid of the Falaha. 

With regard to the loss of life when the British passenger steamer 
Lusitania was sunk, the German Government has already expressed 



10 LUSITAXIA CLAIMS. 

its deep regret to the neutral Governments concerned that nationals 
of those countries lost their lives on that occasion. The Imperial 
Government must state for the rest the impression that certain 
important facts most directly connected with the sinking of the 
Litsitariia may liave escaped the attention of the Government of the 
United vStates. It therefore considers it necessary in the interest of 
the clear and full understanding aimed at by either Government 
primarily to convince itself that the reports of the facts which are 
before the two Governments are complete and in agreement. 

The Government of the United States proceeds on the assumption 
that the Lusitania is to be considered as an ordinary unarmed 
merchant vessel. The Imperial Government begs in this connection 
to point out that the Lns'dania was one of the largest and fastest 
English commerce steamers, constructed with Government funds as 
au.xiliary cruisers, and is expressly included in the navy list puldished 
by British Admiralty. | It is moreover Icnown to tlie Imperial Gov- 
ernment from reliable^ information furnished by its officials and 
neutral passengers that for some time practically all the more valuable 
English merchant vessels have been provided witli guns, ammunition, 
and other weapons, and reinforced with a crew specially practiced in 
manning guns. According to reports at hand here, the Lusitania 
when slie left New York undoubtedly had guns on board which were 
mounted under decks and masked, f 

The Imperial Government, furthermore, has the honor to direct 
the particular attention of the American Government to the fact that 
the British Admiralty by a secret instruction of February' of this 
year advised the British merchant marine not only to seek protection 
behind neutral flags and markings, but even when so disguised to 
attack German submarines by ramming them. High rcM'ards have 
been offered by the British Government as a special incentive for 
the destruction of tlie submarines by merchant vessels, and such 
rewards have already been paid out. In view of these facts, which 
are satisfactorily known to it, the Imperial Government is unable to 
consider English merchant vessels any longer as "undefended terri- 
tory" in the zone of maritime war designated by the Admiralty Staff 
of the Imperial German Navy. The German commanders are conse- 
quently no longer in a position to observe the rules of capture other- 
wise usual and with which they invariably complied before this. 
Lastly, the Imperial Government must specially point out that on 
her last trip the Liisitavia, as on earlier occasions, had Canadian 
troops and munitions on board, including no less .than 5,400 cases of 
ammunition destined for the destruction of brave German soldiers 
who are fulfilling with self-sacrifice and devotion their duty in the 
service of the Fatherland. The German Government believes that 
it acts in just self-defense when it seeks to protect the lives of its 
soldiers by destroying ammunition destined for the enemy with the 
means of War at" its command. The English steamship company 
must have been aware of the dangers to which passengers on board 
the Lusitania were exposed under the circumstances. In taking 
them on board in spite of this the company f(uite deliberately tried 
to use the lives of American citizens as protection for the ammunition 
carried, and violated the clear provisions of American laws which 
expressly prohibit, and provide punishment for, the carrying of pas- 
sengers on ships which have explosives on board. The company 



LUSITAXIA CLAIMS. 11 

thereby wantonlj^ caused the death of so many passengers. Accord- 
ino; to the express report of the submarine commander concerned, 
which is further confirmed by all other reports, there can be no doubt 
that the rapid sinking t)f the Lusltania was primarilj^ due to the 
explosion of the cargo of ammunition caused by the torpedo. Other- 
wise, in all human probabihty, the passengers of the Lusltania would 
have been saved. 

The Imperial Government holds the facts recited above to be of 
sufficient importance to recommend them to a careful examination 
by the American Government. The Imperial Government begs to 
reserve a final statement of its position with regard to the demands 
made in connection with the sinking of the Lnsitan'm until a reply is 
received from the American Government, and believes that it should. 
recall here that it took note with satisfaction of the proposals of good 
offices submitted by the American Govei-nment in Bcrlm and London 
with a view to paving the way for a modus vivendi for the conduct 
of maritime war between Germanj- and Great Britain. The Imperial 
Government furnished at that time ample evidence of its good will 
by its willingness to consider these proposals. The realization of 
these proposals failed, as is known, on account of their rejection by 
the Government of Great Britain. 

The undersigned requests his excellency, the ambassador, to bring 
the above to the knowledge of the Americaii Government and avails 
himself of the opportunity to renew, etc. 

Von Jagow. 



Exhibit No. 4. 

TTie Secffiarij of Staie ad interim, to the American. Ambassador at 

Bei-lin. 

No. 1803.] Department of State, 

Washington, June 9, 1915. 
American Ambassador, Berlin: 

You are instructed to deliver textuall3- the following note to the 
Minister of Foreign Affairs: 

In compliance with your excellency's reciuest I did not fail to 
transmit to my Government immediately upon their receipt your 
note of May 28 in reply to my note of May 15, and your supple- 
mentary note of June 1, setting forth the conclusions so far as reached 
by the Imperial German Government concerning the attacks on the 
American steamers Cushing and Guljlight. I am now instructed by 
my Government to communicate the following in reply: 

The Government of the United States notes with gratification the 
full recognition by the Imperial German Government, in discussing 
the cases of the Cushing and the Guljiight. of the principle of the 
freedom of all parts of the open sea to neutral ships and the frank 
willingness of the Imperial German Government to acknowledge and 
meet its liability where the fact of attack upon neutral ships " wliich 
have not been guilty of any hostile act" by German aircraft or 
vessels of war is satisfactorily established; and the Government of 
the United States will in due course lay before the Imperial German 
Government, as it rec^uests, full information concerning the attack 
on the steamer Cushino- 



12 LXJSITANIA CLAIMS. 

With regard to the sinking of the steamer Falaha, hy which an 
American citizen lost his life, the Government of the United States 
is surprised to find the Imperial German Government contending 
that an efi'ort on the part of a merchantman to escape capture and 
secure assistance alters the ohligation of the officer seeking to make 
the capture in respect of the safety of the lives of those on board 
the merchantman, although the vessel had ceased her attempt to 
escape when torpedoed. These are not new circumstances. They 
have been in the minds of statesmen and of international jurists 
throughout the development of naval warfare, and the Government 
of the United States does not understand that they have ever been 
held to alter the principles of humanity upon which it has insisted. 
Nothing but actual forcible resistance or continued efi'orts to escape 
by flight when ordered to stop for the purpose of visit on the part 
of the merchantman has ever been held to forfeit the lives of her 
passengers or crew. The Government of the United States, however, 
does not understand that the Imperial German Government is seeking 
in this case to relieve itself of liability, but only intends to set forth 
the circumstances which led the commander of the submarine to 
allow himself to be hurried into the course which he took. 

Your excellency's note, in discussing the loss of American lives 
resulting from the sinking of the steamship Lusitania, adverts at 
some length to certain information which the Imperial German Gov- 
ernment has received with regard to the character and outfit of that 
vessel, and your excellency expresses the fear that this information 
may not have been brought to the attention of the Government of the 
United States.'' It is stated in the note that the L^isitania was un- 
doubtedly equipped with masked guns, supplied with trained gunners 
and special ammunition, transporting troops from Canada, carrying 
a cargo not permitted under tlie laws of the United States to a vessel 
also carrying passengers, and serving, in virtual effect, as an auxiliary 
to the naval forces of Great Britain. "Fortunately these are matters 
concerning which the Government of the United States is in a position 
to give the Imperial German Government official information. Of 
the facts alleged in your excellency's note, if true, the Government of 
the United States would have been bound to take official cognizance 
in performing its recognized duty as a neutral power and in enforcing 
its national laws. / It was its duty to see to it that the Lusitania was 
not armed for offensive action, that she was not serving as a transport, 
that she did not carry a cargo prohibited by the statutes of the United 
States, and that, if in fact she was a naval vessel of Great Britain, she 
should not receive clearance as a merchantman; and it performed that 
duty and enforced its statutes with scrupulous vigilance tlarough its 
regularly constituted officials. It is able, therefore, to assure the 
Imperial German Government that it has been misinformed. If the 
Imperial German Government should deem itself to be in possession 
of convincing evidence that the officials of the Government of the 
United States did not perform these duties with thoroughness, the 
Government of the United States sincerely hopes that it will submit 
that evidence for consideration. 

■^ Whatever may be the contentions of the Imperial German Govern- 
ment regarding the carriage of contraband of war on board the Lusi- 
tania or regarding the explosion of that material by the torpedo, it 



LUSITANIA CLAIMS. 13 

neeil only be said that in the view of this Government these conten- 
tions are irrelevant to the question of the legality of the methods used 
byjihe German naval authorities in sinking the vessel. 
V^ut the sinking of passenger ships involves principles of humanity 
which tlii-ow into the background any special circumstances of 
detail that may be thought to affect tlie cases, principles which lift 
it, as the Imperial German Government will no doubt be C|uick to 
recognize and acknowledge, out of the class of ordinary subjects of 
diplomatic discussion or of international controversy.,- Wliatever 
be the other facts regarding the Li/si(ania, the principal fact is that 
a great steamer, primarily and cliiefly a conveyance for passengers, 
and carrying more than a thousand souls who had no part or lot in 
the contluct of the war, was torpedoed and sunk without so much as 
a challenge or a warning, and that men, women, and claildren were 
sent to their death in circumstances unparalleled in modern warfare^ 
The fact that more than 100 American citizens were among thoi '' 
who perished made it the duty of the Government of the United 
States to speak of these things and once more, with solemn em- 
phasis, to call the attention of the Imperial German Government 
to the grave responsibility which the Government of the United 
States conceives that it has incurred in this tragic occurrence, and 
to the indisputable principle upon which that responsibility rests. 
The Government of the United States is contending for something 
much greater than mere rights of property or privileges of commerce. 
It is contending for nothing less high and sacred than the rights of 
humanity, which every Government honors itself in respecting and 
which no Government is justified in resigning on behalf of those 
under its care and authority. Only her actual resistance to capture 
or refusal to stop when ordered to do so for the purpose of visit 
could have afforded the commander of the submarine any justifica- 
tion for so much as putting the lives of those on board the ship in 
jeopardy. This principle the Government of the United States 
understands the explicit instructions issued on August 3, 1914, by 
the Imperial German Admiralty to its commanders at sea to have 
recognized and embodied, as do the naval codes of all other nations, 
and upon it every traveler and seaman had a right to depend. It is 
upon this principle of humanity as well as upon the law founded 
upon this principle that the United States must stand. 

The Government of the United States is happy to observe that 
your excellency's note closes with the intimation that the Imperial 
German Government is willing, now as before, to accept the good 
offices of the United States in an attempt to come to an understand- 
ing with the Government of Great Britain by which the character 
ami conditions of the war upon the sea may be changed. The Gov- 
ernment of the United States would consider it a privilege thus to 
serve its friends and the world. It stands ready at any time to 
convey to either Government any intimation or suggestion the other 
may be willing to have it convey and cordially invites the Imperial 
German Government to make use of its services in this way at its 
convenience. The whole world is concerned in anything that may 
brint^ about e^en a partial accommodation of interests or in any 
way "mitigate the terrors of the present distressing conflict. 



14 LUSITAKIA CLAIMS. 

In the meantime, whatever arrangement may happily be made 
between the parties to the war, and whatever may in the opinion 
of the Imperial German Government have been the provocation or 
the circiiiaistantial justification for the past acts of its commanders 
at sea, the Government of the United States confidently looks to see 
the justice and humanity of the Government of Germanj^ vindicated 
in all cases where Americans have been wi'onged or their rights as 
neutrals invaded. 

The Government of the United .States therefore very earnestly 
and very solemnly renews the representations of its note trans- 
mitted to the Imperial German Government on the 15th of May, 
and relies in these representations upon the principles of humanity, 
the universalh' recognized understandings of international law, and 
th^ ancient friendship of the German nation. 

>^he Government of the United States can not admit that the 
proclamation of a war zone from which neutral ships have been 
warned to keep away may be made to operate as in any degree an 
abbreviation of the rights either of American shipmasters or of 
American citizens bound on lawful errands as passengers on mer- 
chant ships of belligerent nationality] It does not understand the 
Imperial German Government tcPquestion those rights. It under- 
stands it, also, to accept as established beyond a question the principle 
that the lives of noncombatants can not lawfully or rightfully be 
put in jeopardy by the capture or destruction of an unresisting 
merchantman, and to recognize the obligation to take sufficient 
precaution to ascertain whether a suspected merchantman is in fact 
of belligerent nationality or is in fact carrying contraband of war 
under a neutral flag. The_Governnient of the Unitetl States there- 
fore deems it reasonable to expect that the Imperial German Gov*rn- 
jnent will adopt the measures necessary to put these principlesjiifo 
practice in respect of the safeguarding of American lives^and 
American ships, and asks for assurances that this will be done.y' " 

Robert Laxsing/ 
Secretary of State ad Interim. 



Exhibit No. 5. 

The German Minister for Foreign Affairs to the American Amoassador 

at Berlin. 

[Translation.] 

File No. 767.72/1940.] 

Foreign Office, Berlin, July S, 1915. 

The undersigned has the honor to make the following reply to the 
note of His Excellency, Mr. James W. Gerard, ambassador of the 
United States of America, dated the 10th ultimo. Foreign Office No. 
3814, on the subject of the impairment of American interests b\- the 
German submarine war: 

The Imperial Government has learned with satisfaction from the 
note how earnestly the Government of the United States is concerned 
in 'seeing the principles of humanity realized in the present war. 
Also, this appeal meets with full sympathy in Germany, and the 



LUSITANIA CLAIMS. 15 

Imperial Government is quite willing to permit its statements and 
decisions in the case under consideration to be governed by the 
principles of humanitj^ just as it has done always. 

The Imperial Government welcomed it with gratitude when the 
American Government in its note of May 15, 1915, itself recalled 
that Germany had always permitted itself to be governed by the 
principles of progress and humanity in dealing with the law of mari- 
time war. Since the time when Frederick the Great negotiated with 
John Adams, Benjamin Franklin, and Thomas Jefferson the treaty 
of friendship and commerce of September 10, 17.85, between Prussia 
and the Republic of the West, German and American statesmen 
have in fact always stood together in the struggle for the freedom 
of the seas and for the pi'otection of peaceable trade. In the inter- 
national proceedings which have since been conducted for the regu- 
lation of the right of maritime war Germany and America have 
jointly advocated progressive prmciples, especially the abolishment 
of the right of capture at sea and the protection of the mterests of 
neutrals. Even at the beginning of the present war the German 
Government immediately declaretl its willingness, in response to the 
proposal of the American Government, to ratify the Declaration of 
London and thereby to subject itself, in the use of its naval forces, 
to all the restrictions provided therein in favor of neutrals. Ger- 
many has likewise been always tenacious of the principle that war 
should be conducted against the armed and organized forces of the 
enemy country, but that the civilian population of the enemy must 
be spared as far as possible from the measures of war. The Imperial 
Government cherishes the definite hope that some way will be 
found wiien peace is concluded, or perhaps earlier, to regulate the 
law of mai'itime war in a manner guaranteeing, the freedom of the 
seas, and will welcome it with gratitude and satisfaction if it can 
work hand in hand with the American Government on that occasion. 

If in the present war the principles which should be the ideal of 
the future have been ti'aversed more and more the longer its dura- 
tion, the German Government has no guilt therein. 

It is known to the American Government how Germany's adver- 
saries, by completely paralyzing peaceable traffic between Germany 
and the neutral countries, have aimed from the very beginning, and 
with increasing lack of consideration, at the destruction not so much 
of the armed forces as the life of the German nation, repudiating in 
so doing all the rules of international law and disregarding all the 
rights of neutrals. On November 3, 1914, England declared the 
North Sea to be a war area, and by planting poorly anchored mines 
and the stoppage and capture of vessels made passage extremely dan- 
gerous and difficult for neutral shipping, so that it is actually blockad- 
ing neutral coasts and ports contrary to all international law. Long 
before the beginning of the submarine war England practically com- 
pletelv intercepted legitimate neutral navigation to Germany also. 
Thus Germany was driven to submarine war on trade. On November 
16,1914, the English Prime Minister declared in the House of Commons 
that it was one of England's principal tasks to prevent food for the 
German population from reaching Germany by way of neutral ports. 
Since March 1 of this year England has been talking from neutral 
sliips, without further formality, all merchandise proceeding to Ger- 



16 LUS.TANTA CLAIMS. 

many as well as all merchandise coming from German}^ even when 
neutral property. Just as was the case with the Boers, the German 
people is now to be given the choice of perishing from starvation, 
with its women and children, or of relinrjuishing its independence. 

While our enemies thus loudly and openly have proclaimed war 
without mercy until our utter destruction, we are conducting war in 
self-defense for our national existence and for the sake of peace of 
assured premanency. We have been obliged to adopt submarine 
warfare to meet the deciaretl intentions of our enemies and the method 
of warfare adopted by them in contravention of international law. 

With all its efforts in principle to protect neutral life and property 
from damage as much as possible, the German Government recog- 
nized unreservedly in its memorandum of February 4 that the inter- 
ests of neutrals might suffer from submarine warfare. However, the 
American Government will also understand antl appreciate that in 
the fight for existence which has been forced upon Germany by its 
adversaries and announced by tliem it is the sacred duty of the 
Imperial Government to do all within its power to protect and to 
save the lives of German subjects. If the Imperial Government 
were derelict in these, its duties, it would be guilty before God and 
history of the violation of those principles of the highest humanity 
which are the foundation of every national existence. 

The case of the Lu.sltauia shows with horrible clearness to what 
jeopardizing of human lives the manner of conducting war employed 
by our adversaries leads. In most direct contradiction of inter- 
national law, all distinctions between merchantmen and war vessels 
have been obliterated by the order to British merchantmen to arm 
themselves and to ram submarines and the promise of rewards- 
therefor; and neutrals who use merchantmen as travelers have 
thereby been exposed in an increasing degree to all the dangers of 
war. If the commander of the German submarine which destroyed 
the Lusiiania had caused the crew and travelers to put out in boats 
before firing the torpedo this would have meant the sure destruction 
of his own vessel. After the experiences in the sinking of much 
smaller and less seaworthy vessels, it was to be expected that a 
mighty ship like the Lusitania would remain above water lon^ enough 
even after the torpedoing to permit the passengers to enter the ship's 
boats. Circumstances of a very peculiar kind, especially the pres- 
ence on board of large quantities of highly explosive materials, 
defeated this expectation. In addition, it may be pointed out that 
if the Lusitanianad been spared, thousands of cases of ammunition 
would have been sent to Germany's enemies and thereby thousands, 
of German mothers and children robbed of their supporters. 

In the spirit of friendship with which the German nation has been 
imbued toward the Union and its inhabitants since the earliest days 
of its existence, the Imperial Government will always be ready to 
do all it can, during the present war also, to prevent the jeopardizing 
of the lives of American citizens. 

The Imperial Government there 'ore repeats the assuiances that 
American ships will not be hindered in the prosecution of legitimate 
shipping, and the lives of American citizens on neutral vessels shall 
not be placed in jeopardy. 



LUSITANIA CLAIMS. 17 

In order to exclude any unforeseen dangers to American passenger 
steamers, made possible in view of the conduct of maritime war on 
the part of Germany's advisers, the German submarines will be 
instructed to permit the free and safe passage of such passenger 
steamers when made recognizable by special markings and notified a 
reasonable time in advance. The Imperial Government, however, 
confidently hopes that the American Government will assume the 
guaranty that these vessels have no contraband on board. The 
details of the arrangements for the unhampered passage of these 
vessels would have to be agreed upon by the naval authorities of both 
sides. 

In order to furnish adequate facilities for travel across the Atlantic 
Ocean for American citizens, the German Government submits for 
consideration a proposal to increase the number of available steamers 
by installing in the passenger service a reasonable number of neutral 
steamers, the exact number to be agreed upon, under the American 
flag under the same conditions as the Amei'ican steamers above 
mentioned. 

The Imperial Government believes that it can assume that in this 
manner adequate facilities for travel across the Atlantic Ocean can be 
afforded American citizens. There would therefore appear to be no 
compelling necessity for American citizens to travel to Europe in 
time of war on ships carrying an enemy flag. In particul;ir the 
Imperial Government is unable to admit that American citizens can 
protect an enemy ship through the mere fact of their presence on 
i3oard. Germany merely followed England's example when it 
declared part of the high seas an area of war. Consequently accidents 
suffered by neutrals on enemy sMps in this area of war can not well 
be judged differently from accidents to which neutrals ai-e at all 
times exposed at the seat of war on land when they betake them- 
selves into dangerous localities in spite of previous warning. 

If, however, it should not be possible for the American Government 
to acquire an adecjuate number of neutral passenger steamers, the 
Imperial Government is prepared to interpose no objections to the 
placing under the iianerican flag by the American Government of 
lour enemy passenger steamers for the passenger traffic between 
America and England. The assurances of "free and safe" passage 
for American passenger steamers would then be extended to apply 
under the identical pre-conditions to these formerly hostile pasfeenger 
ships. 

The President of the United States has declared his readiness, in a 
way deserving of thanks, to communicate and suggest proposals to 
the Government of Great Britain with particular reference to the 
alteration of maritime war. The Imperial Govermnent will always 
be glad to make use of the good offices of the President, and hopes 
that liis efforts in the present case, as well as in the direction of the 
lofty ideal of the freedom of the seas, wnll lead to an understanding. 

The undersigned recjuests the ambassador to bring the above to 
the knowledge of the American Government, and avails himself of 
the opportunity to renew to his excellency the assurances of his most 
distinguished consideration. 

Von Jagow. 
S. Doc. 17G,67-2 2 



J 8 lus:tania claims. 

Exhibit No. 6. 

Extract of telegram from the Secretary of State to the American Ambas- 
sador at Berlin. 

Washington, Jvly I4, 1915. 
The German reply has been received as a general disappointment 
by the press of this country. It was hoped at least that principle 
for which Government of the United States stood would be acknowl- 
edged by German Government and the failure in this respect has 
made adjustment by compromise practically impossible. 

Lansing. 



Exhibit No. 7. 

Extract of telegram from the Secretary of State to the American Ambas- 
sador at Berlin. 

Washington, July 19, 1915. 
It is entirely a matter of principle which does not admit of com- 
promise since that would affect the freedom of American citizens 
to traverse the high seas to which they are entitled as a matter of 
right. In your conversations with Foreign Office avoid giving hope 
that your Government might consider any form of compromise. 

Lansing. 



Exhibit No. 8. 

Extract of telegram from the Secretary of State to the American Ambas- 
sador at Berlin. 

Washington, July 19, 1915. 
Make it clear that the Lusitania case is incidental to issue of 
principle as to safeguarding neutrals on the high seas; that admission 
of liability as to Americans on Lusitania will not be sufficient unless 
avoidance of future acts is substantially assured. 

Lansing. 



Exhibit No. 9. 
The Secretary of State to Ambassador Gerard. 

ITolegram.I 

No. 1981.] Department of State, 

Washington, July 21, 1915. 

You are instructed to deliver textually the following note to the 
Minister for Foreign Affairs: 

The note of the Imperial German Government dated the 8th of 
July, 1915, has received i\\& careful consideration of the Government 
of the United States, and it regrets to be obliged to say that it has 



LIISITAXIA CLAIMS. 19 

found it very unsatisfactory, because it fails to meet the real differ- 
ences between the two Governments and indicates no way in which 
the accepted principles of law and humanity may be applied in the 
grave matter in controversy, but proposes, on the contrary, arrange- 
ments of a partial suspension of those principles wdiich virtually set 
them aside. 

The Government of the United States notes with satisfaction that 
the Imperial German Government recognizes without reservation the 
validity of the principles insisted on in the several communications 
which this Government has addressed to the Imperial German Gov- 
ernment with regard to its announcement of a war zone and the use 
of submarines against merchantmen on the high seas — the principle 
that the high seas are free, that the character atid cargo of a mer- 
chantman must first be ascertained before she can lawfully be seized 
or destroyed, and that the lives of noncombatants ma.y in no case be 
put in jeopardy unless the vessel resists or seeks to escape after 
being summoned to submit to examination; for a belligerent act of 
retaliation is per se an act beyond the law, and the defense of an act 
as retaliatory is an admission that it is illegal. 

The Government of the United States is, however, keenly disap- 
pointed to find that the Imperial German Government regards itself 
as in large degree exempt from the obligation to observe these prin- 
ciples, even where neutral vessels are (.'oncerned. by what it believes 
the policy and practice of the Government of Great Britain to be in 
the present war with regard to neutral commerce. The Imperial 
German Government will readily understand that the Government of 
the United States can not discuss the policy of the Government of 
Great Britain with regard to neutral trade except with that Govern- 
ment itself, and that it must regard the conduct of other belligerent 
Governments as irrelevant to any discussion with the Imperial German 
Government of what this Government i-egards as grave and unjusti- 
fiable violations of the rights of American citizens by German naval 
commanders. Illegal and inhuman acts, however justifiable they 
may be thought to be against an enemy who is believed to have 
acted in contravention of law and humanity, are manifestly inde- 
fensible when they deprive neutrals of their acknowledged rights, 
particularly when they violate the right of life itself. If a belligerent 
can not retaliate against an enemy without injuring the lives of neu- 
trals, as well as their property, humanity, as well as justice and a 
due regard for the dignity of neutral powers, should ilictate that the 
practice is discontinued. If persisted in it would in such circum- 
stances constitute an unpardonable offense against the sovereignty 
of the neutral nation affected. The Government of the I'nited States 
is not unmindful of the extraordinary conditions created by this war 
or of the radical alterations of circumstance and method of attack 
produced by the use of instrumentalities of naval warfare which the 
nations of the world can not have had in view when the existing rules 
of international law were formulated, and it is ready to make every 
reasonable allowance for these novel and unexpected aspects of war 
at sea; but it can not consent to abate any essential or fundamental 
right of its people because of a mere alteration of circumstance. The 
rights of neutrals in time of war are based upon principle, not upon 
expediency, and the principles are immutable. It is the duty and 



20 LUSITANIA CLAIMS. 

obligation of belligerents to find a way to adopt the new cii-cumstances 
to them. 

The events of the past two months have clearly indicated that it is 
possible and practicable to conduct such submarine operations as have 
characterized the activity of the Imperial German Navy within the 
so-called war zone in substantial accord with the accepted practices 
of regulated warfare. The whole world has looked with interest and 
increasing satisfaction at the demonstration of that possibility by 
German naval commanders. It is manifestly possible, therefore, to 
lift the whole practice of submarine attack above the criticism which 
it has aroused and remove the chief causes of offense. 

In view of the admission of illegality made by the Imperial Gov- 
ernment when it pleaded the right of retaliation in defense of its acts, 
and in view of the manifest possibility of conforming to the estab- 
lished rules of naval warfare, the Government of the United States can 
not believe that the Imperial Government will longer refrain from 
disavowing the wanton act of its naval commander in sinking the 
Lusitania or from offering reparation for the American lives lost, so 
far as reparation can be made for a needless destruction of human 
life by an illegal act. 

The Government of the United »States, while not indifferent to the 
friendly spirit in which it is made, can not accept the suggestion of 
the Imperial German Government that certain vessels be designated 
and agreed upon which shall be free on the seas now illegally pro- 
scribed. The very agreement would, by implication, subject other 
vessels to illegal attack and would be a curtailment and therefore an 
abandonment of the principles for which this Government contends 
and which in times of calmer counsels every nation would concede as 
of course. 

The Government of the United States and the Imperial German 
Government are contending for the same great object, have long stood 
together in urging the very principles upon which the Government 
of the United States now so solemnly insists. They are both contend- 
ing for the freedom of the seas. The Government of the United States 
will continue to contend for that freedom, from whatever cl^u^rter 
violated, without compromise and at any cost. It invites the prac- 
tical cooperation of the Imperial German Government at this time 
when cooperation may accomplish most and this great common object 
be most strikingly and effectively achieved. 

The Imperial German Government expresses the hope that this 
object may be in some measure accomplished even before the present 
war ends. It can be. The Government of the United States not 
only feels obliged to insist upon it, by whomsoever violated or ignored, 
in the protection of its own citizens, but is also deeply interested in 
seeing it made practicable between the belligerents themselves, and 
holds itself ready at any time to act as tlie common friend who may 
be privileged to suggest a way. 

In the meantime the very value which this Government sets upon 
the long and unbroken friendship between the people and Govern- 
ment of the United States and the people and Government of the 
German nation impels it to press very solemnly upon the Imperial 
German Government the necessity for a scrupulous observance of 
neuti-al rights in this critical matter. Friendship itself prompts it to 
sa}' to the Imperial Government that repetition by the commanders 



LtrSITANIA CLAIMS. 21 

of German naval vessels of acts m contravention of those rights must 
be regarded by the Government of the United ^States, when they 
affect American citizens, as deliberately imfriendly. 

Lansing. 



Exhibit No. 10. 
File No. 763.72/2084.] 

TJte German Ambassador to the Secretary of State. 

German Embassy, 
Washington, September 1, 1915. 
My Dear Mr. Secretary: With reference to our conversation of 
this morning I beg to inform you that my instructions concerning 
our answer to your last Lusitania note contain the following passage: 

Liners will not be sunk by our submarines \vithout warning and without safety of 
the lives of noncombatants, pro\dded tliat the liners do not try to escape or offer 
resistance. 

Although I know that you do not wish to discuss the Lusitania 
question till the Arabic incident has been definitely and satisfac- 
torily settled, I desire to inform you of the above because this policy 
of my Government was decided on before the Arabic incident occurred. 
I have no objection to your making any use you may please of the 
above information. 

I remain, etc., 

J. Bernstobpf. 



Exhibit No. U. 

Extract of telegram from the Secretary of State to the American Ambassa- 
dor at Berlin. 

Washington, Sepfemher 9, 1915. 
Department is impatiently awaiting the receipt of the full instruc- 
tions which the German Government has given to submarine com- 
manders. 

Lansing. 



Exhibit No. 12. 

(Note verbal.] 

The German Ambassador to the Secretary of State. 

[Handed by the former to the latter February 4, 1916, at 4 p. m. ] 

The German submarine war against England's commerce at sea, 
as announced on February 4, 1915, is conducted in retaliation of 
England's inhuman war against Germany's commercial and indus- 
trial life. It is generally recognized as justifiable that retaliation 
may be employed against acts committed in contravention of the law 
of nations. Germany is enacting such retaliation, because it is 
England's endeavor to cut off all imports from Germany by prevent- 
ing even legal commerce of the neutrals with her and thereby sub- 



22 LUSITANIA CLAIMS. 

jecting the German population to starvation. In answer to these 
acts Germany is making efforts to destroy England's commerce at 
sea, at least as far as it is carried on by enemy vessels. If Germany 
has notwithstanding limited her submarine warfare, this was done in 
view of her long-standing friendship with the United States and in 
view of the fact that the sinking of the Lusitania caused the death of 
citizens of the United States. Thereby the German retaliation 
affected neutrals, which was not the intention, as retaliation must 
not aim at other than enemy subjects. 

The Imperial German Government having subsequent to the event 
issued to its naval officers the new instructions which are now pre- 
vailing, expresses profound regret that citizens of the United States 
suffered by the sinking of the Lusitania and assuming liability 
therefor offers to make reparation for the life of the citizens of the 
United States who were lost by the payment of a suitable indemnity. 

In the note of the American Government of July 21 concerning 
the Lusitania incident the Government of the United States invited 
the practical cooperation of the Imperial Government on contending 
for tlie principle of the freedom of the seas and added that this great 
object could in some way be accomplished before the present war 
ends. The Imperial Government will at all times gladly cooperate 
with the Government of the United States for the purpose of accom- 
plishing this common great object. 

o 



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